State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-501

60-501. Terms, defined.For purposes of the Motor Vehicle Safety Responsibility Act,unless the context otherwise requires:(1) Department means Department of Motor Vehicles;(2) Judgment means any judgment which shall have become finalby the expiration of the time within which an appeal might have been perfectedwithout being appealed, or by final affirmation on appeal, rendered by a courtof competent jurisdiction of any state or of the United States, (a) upon acause of action arising out of the ownership, maintenance, or use of any motorvehicle for damages, including damages for care and loss of services, becauseof bodily injury to or death of any person or for damages because of injuryto or destruction of property, including the loss of use thereof, or (b) upona cause of action on an agreement of settlement for such damages;(3) License means any license issued to any person underthe laws of this state pertaining to operation of a motor vehicle within thisstate;(4) Minitruckmeans a foreign-manufactured import vehicle or domestic-manufactured vehiclewhich (a) is powered by an internal combustion engine with a piston or rotordisplacement of one thousand cubic centimeters or less, (b) is sixty-seveninches or less in width, (c) has a dry weight of four thousand two hundredpounds or less, (d) travels on four or more tires, (e) has a top speed ofapproximately fifty-five miles per hour, (f) is equipped with a bed or compartmentfor hauling, (g) has an enclosed passenger cab, (h) is equipped with headlights,taillights, turnsignals, windshield wipers, a rearview mirror, and an occupantprotection system, and (i) has a four-speed, five-speed, or automatic transmission;(5) Motor vehicle means anyself-propelled vehicle which is designed for use upon a highway, includingtrailers designed for use with such vehicles, andminitrucks. Motor vehicle does not include (a) mopeds as definedin section 60-637, (b) traction engines, (c) road rollers, (d) farm tractors,(e) tractor cranes, (f) power shovels, (g) well drillers, (h) every vehiclewhich is propelled by electric power obtained from overhead wires but notoperated upon rails, (i) electric personal assistive mobility devices as definedin section 60-618.02, and (j) off-road designed vehicles, including, but notlimited to, golf carts, go-carts, riding lawnmowers, garden tractors, all-terrainvehicles and utility-type vehicles asdefined in section 60-6,355, minibikes as defined in section 60-636, and snowmobilesas defined in section 60-663;(6) Nonresident means everyperson who is not a resident of this state;(7) Nonresident's operatingprivilege means the privilege conferred upon a nonresident by the laws ofthis state pertaining to the operation by him or her of a motor vehicle orthe use of a motor vehicle owned by him or her in this state;(8) Operator means every personwho is in actual physical control of a motor vehicle;(9) Owner means a person whoholds the legal title of a motor vehicle, or in the event (a) a motor vehicleis the subject of an agreement for the conditional sale or lease thereof withthe right of purchase upon performance of the conditions stated in the agreementand with an immediate right of possession vested in the conditional vendeeor lessee or (b) a mortgagor of a vehicle is entitled to possession, thensuch conditional vendee or lessee or mortgagor shall be deemed the owner forthe purposes of the act;(10) Person means every naturalperson, firm, partnership, limited liability company, association, or corporation;(11) Proof of financial responsibilitymeans evidence of ability to respond in damages for liability, on accountof accidents occurring subsequent to the effective date of such proof, arisingout of the ownership, maintenance, or use of a motor vehicle, (a) in the amountof twenty-five thousand dollars because of bodily injury to or death of oneperson in any one accident, (b) subject to such limit for one person, in theamount of fifty thousand dollars because of bodily injury to or death of twoor more persons in any one accident, and (c) in the amount of twenty-fivethousand dollars because of injury to or destruction of property of othersin any one accident;(12) Registration means registrationcertificate or certificates and registration plates issued under the lawsof this state pertaining to the registration of motor vehicles;(13) State means any state,territory, or possession of the United States, the District of Columbia, orany province of the Dominion of Canada; and(14) The forfeiture of bail,not vacated, or of collateral deposited to secure an appearance for trialshall be regarded as equivalent to conviction of the offense charged. SourceLaws 1949, c. 178, § 1, p. 482; Laws 1957, c. 366, § 42, p. 1275; Laws 1959, c. 298, § 1, p. 1107; Laws 1959, c. 299, § 1, p. 1123; Laws 1971, LB 644, § 4; Laws 1972, LB 1196, § 4; Laws 1973, LB 365, § 1; Laws 1979, LB 23, § 14; Laws 1983, LB 253, § 1; Laws 1987, LB 80, § 11; Laws 1993, LB 121, § 385; Laws 1993, LB 370, § 94; Laws 2002, LB 1105, § 447; Laws 2010, LB650, § 32.AnnotationsThe definition of “financial responsibility,” used in subsection (10) of this section, applies to only policies used as proof of financial responsibility specifically required for compliance with the Motor Vehicle Safety Responsibility Act. Allied Mut. Ins. Co. v. State Farm Mut. Auto. Ins. Co., 243 Neb. 779, 502 N.W.2d 484 (1993).In a proceeding in the district court to review an order of the Department of Motor Vehicles under this act, the burden is on the plaintiff to show that the order was invalid. Way v. Department of Motor Vehicles, 217 Neb. 641, 351 N.W.2d 46 (1984).The security deposit required by this act will be construed in light of its purpose, which is to insure that any judgment against an uninsured motorist will be paid. Way v. Department of Motor Vehicles, 217 Neb. 641, 351 N.W.2d 46 (1984).Department may suspend license for failure to comply with act. Hadden v. Aitken, 156 Neb. 215, 55 N.W.2d 620 (1952).Operator of grain truck and trailer was guilty of manslaughter. Vaca v. State, 150 Neb. 516, 34 N.W.2d 873 (1948).